Attorney

James C. Baker, J.D.

***** **** ****** ******, ***** 75238 (C) 214-***-**** **************@*****.***

Litigation Attorney

Commercial Disputes EEOC Contract Negotiations Executive Liability Plaintiff & Employer Discrimination Deceptive Trade Practices Intellectual Property Partnership Dissolutions

Skillful attorney with 12+ years’ complex commercial litigation, negotiation and counseling experience. Expertise in helping clients navigate and resolve a broad range of complex commercial disputes. Experience in state and federal courts as well as arbitration proceedings throughout Texas, California, Illinois, Florida, New Mexico and Ohio. Excellent people skills and ability to work well within a team environment.

Professional Experience

Attorney/Shareholder – Baker, Bezucha & Cunningham, P.C. 1986 - Present

Represented Clients in Obtaining Successful Results in A Broad Range of Matters Including:

Employment Agreements Director and Officer Liability Shareholder Matters Employment Practices EEOC Sexual Harassment Sex, Race & Disability Discrimination - Plaintiffs & Employers Construction Deceptive Trade Practices Confidential Information and Trade Secrets Covenants Not To Compete Independent Contractor Agreements Agency Disputes Trademark Infringement Contract Agreement Disputes Partnership Disputes Dissolution and Liquidation of Partnerships ERISA Construction Matters Insurance

Select Accomplishments

Named 2018 Top One Percent of America’s Most Honored Professional’s by The American Registry.

Named 2015 Top Rated Lawyer in Litigation, Martindale-Hubbell

Named 2009 Professional of the Year Representing Real Estate Litigation, Cambridge Who's Who Registry of Executives, Professionals and Entrepreneurs.

Listed in 2008-2009 Cambridge Who's Who Registry of Executives, Professionals and Entrepreneurs.

Dismissal of a $25M claim against a major hospital consulting firm regarding jointly developed software.

Award of $300K in attorney’s fees relating to a wrongful sequestration claim against a major trailer leasing company.

Summary judgment dismissing $1.5 million damage claim relating to a major trailer leasing company’s action against a large motor carrier client.

Summary judgment dismissing most of the claims of over 60 former owner-operators against a large trucking company.

Complete dismissal of 12 of those owner-operator plaintiffs for repeated discovery abuses.

Key Accomplishments:

Successfully obtained summary judgment dismissing $25 million claim against a major hospital consulting firm related to software joint venture agreement for the development and implementation of an automated discharge call system and consulting project for one of the most prestigious hospitals in the country.

Successfully obtained summary judgment dismissing $1.5 million damage claim relating to a major trailer leasing company’s action against a large motor carrier client.

Drafted and developed all district court prevailing summary judgment motions as well as the Brief on Appeal resulting in the Fifth Circuit Court of Appeals sustaining the grant of in excess of $300,000.00 in attorneys’ fees and storage charges relating to a wrongful sequestration claim against a major trailer leasing company; The original suit sought $1.5 million dollars in damages by the trailer leasing company.

Developed and prepared all phases of an arbitration case, including participation in arbitration proceeding and post arbitration briefing which resulted in the successful defense of departing partners of a large accounting firm; The case asserted various claims including breach of fiduciary duties as the departing partners had several large clients follow them to their newly formed accounting firm.

Successfully obtained summary judgment in a partnership dispute granting the client his request to have both partnerships liquidated and dissolved over the objections of his partners.

Successfully obtained summary judgment dismissing most of the claims of over 60 former owner-operators against a large trucking company; Obtained a complete dismissal of 12 of those plaintiffs for repeated discovery abuses.

Successful first and second chair federal and state jury trial experience.

Extensive deposition experience

Experienced manager and mentor to younger associate attorneys.

Publications

Author: "Traps for The Unwary, Foreclosure/Guarantee and Forcible Detainer Issues" REO Manager’s Association of Southern California.

Author: "Texas Laws Relating to Bankruptcy, Foreclosure and Forcible Detainer" REO Manager's Association of Southern California.

Bar Admissions

State Bar of Texas

United States District Courts for the Northern, Eastern and Western District of Texas

U.S. Court of Appeals, Fifth, Seventh and Eighth Circuits

U.S. District Court, District of Colorado

U.S. District Court, Central District of Illinois

U.S. District Court, Eastern District of Wisconsin

Memberships

State Bar of Texas; Transportation Lawyers Association; Litigation Section: State Bar of Texas

Education

Juris Doctor, Baylor University School of Law, Waco, Texas

High A – Conflicts of Laws, Professor Newton

Participant, Mock Trial Competition

BBA, Baylor University, Waco, Texas

Dean’s List, Dean’s Distinguished List

Member Beta Gamma Sigma Member Phi Delta Theta (Treasurer)

Personal

Baseball, Baylor University High School All American – Baseball

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